Common Market for Eastern and Southern Africa

Economic · COMESA

Since 1994 the Secretariat has worked from Lusaka. The treaty was signed at Kampala on 5 November 1993 and ratified at Lilongwe on 8 December 1994. Article 1 of that treaty is a closed list: it names the member states of the former Preferential Trade Area, adds Botswana and post-apartheid South Africa, and otherwise admits only the immediate neighbour of a member state.

Read more about COMESA

21 countries

Common questions

Questions about COMESA

Which countries are in COMESA?

The Secretariat at Lusaka publishes the roster, and this catalogue files 21 of them, running from Tunisia and Libya on the Mediterranean to Eswatini in the south, and out into the Indian Ocean to Comoros, Madagascar, Mauritius and Seychelles. The list is not the one the treaty drew in 1993. Angola, Namibia and Tanzania are named in Article 1 and are no longer members, and Tunisia and Somalia were admitted in 2018 under a clause that had gone unused for years.

How does a country join COMESA?

Article 1 of the treaty answers it in three paragraphs. Paragraph 2 opens membership to the states that belonged to the Preferential Trade Area for Eastern and Southern African States. Paragraph 3 names Botswana and post-apartheid South Africa, on conditions the Authority sets. Paragraph 4 covers everyone else, and it asks for adjacency: the Authority may admit a state not named above only where that state is an immediate neighbour of a member. There is no export threshold, no income test and no waiting period written into the article.

What is the COMESA Yellow Card?

A single insurance document, established by Annex II of the treaty, that carries compulsory third party motor cover across the members that participate. Each member state designates a National Bureau, guarantees its solvency and sees a deposit of at least ESACU 200,000 lodged as security for its performance. The card names the vehicle, the policy, the issuing bureau and the countries in which it is valid, and it is printed in English, French and Portuguese. Claims are settled by the bureau of the country the accident happened in.

Does COMESA have a common currency?

No. Article 4 of the treaty sets convertibility and a payments union as the basis for an eventual monetary union, and Article 73 obliges members to settle payments for goods and services traded inside the common market through the Clearing House until a common central bank exists. What that produced is the Regional Payments and Settlement System, which nets multilaterally and settles in United States dollars and euro through the Bank of Mauritius. The treaty's own unit of account, the ESACU, is defined as one IMF Special Drawing Right and is not money anyone spends.

Can a country belong to COMESA and the East African Community at the same time?

Burundi, DR Congo, Kenya, Rwanda, Somalia and Uganda do. The Secretariat's brief on the customs union gives the reason it works: the COMESA common external tariff is harmonised with the East African Community's, so a state inside both is applying one schedule rather than two. The tripartite free trade area agreed with the East African Community and the Southern African Development Community, launched at Sharm El Sheikh on 10 June 2015, came into force on 25 July 2024 and is the standing answer to the same problem.

Where does the COMESA Court of Justice sit?

The Authority chose Khartoum as the permanent seat in 2003 and the Court sat there from 2014. On 22 September 2023 the twenty-sixth meeting of COMESA ministers of justice and attorneys general, held at Lusaka, approved moving the registry out of Sudan on a temporary basis. Under Article 26 any person resident in a member state may bring an act of the Council or of a member state before the Court once local remedies are exhausted, and Article 29 puts its readings of the treaty above those of national courts.

Sources

  • Treaty Establishing the Common Market for Eastern and Southern Africa · COMESA Secretariat. Article 1 on membership, Articles 45 and 47 on the customs union and the common external tariff, Articles 72 to 75 on settlement and the unit of account, Articles 26, 29 and 30 on the Court, Articles 184, 185 and 191, and Annexes II and III.
  • COMESA · African Union. The signature at Kampala on 5 November 1993 and the ratification at Lilongwe on 8 December 1994.
  • Overview of COMESA · COMESA Secretariat. The replacement of the Preferential Trade Area, the free trade area of 31 October 2000 and the accession of Burundi and Rwanda to it on 1 January 2004.
  • Brief on the COMESA Customs Union · COMESA Secretariat. The Victoria Falls summit of 7 and 8 June 2009, the two founding instruments, the tariff bands, the three-year transition and the harmonisation with the East African Community tariff.
  • Decision Making · COMESA Secretariat. The Authority, the Council of Ministers, the technical committees and the seat of the Secretariat at Lusaka.
  • Member States · COMESA Secretariat. The roster as the Secretariat publishes it, including Tunisia and Somalia.
  • 21st COMESA Heads of State and Government Summit · COMESA Secretariat. The twentieth summit hosted at Lusaka on 18 and 19 July 2018.
  • Regional Payments and Settlement System · COMESA Clearing House. Multilateral netting, settlement in United States dollars and euro, the Bank of Mauritius as settlement bank, and the members live on the system.
  • Establishment of the Court · COMESA Court of Justice. The Court established in 1994 and its succession to the judicial organs of the Preferential Trade Area.
  • Ministers approve temporary relocation of COMESA Court operations from Sudan · COMESA Court of Justice. The 2003 decision fixing Khartoum as the permanent seat, the Court's sitting there from 2014, and the approval of 22 September 2023.
  • COMESA-EAC-SADC Tripartite Free Trade Area Comes into Force · COMESA Secretariat. Entry into force on 25 July 2024 following the deposit of Angola's instrument of ratification on 25 June 2024.
  • COMESA-EAC-SADC Tripartite FTA · Trade Law Centre. The launch of the agreement at Sharm El Sheikh on 10 June 2015 and the states participating in it.